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August 2017 Newsletter

BAGHDAD – The Trademark Registrar has issued new regulations regarding trademarks and its related transactions.

Application for Registration
It is now obligatory to lodge a request for examination for trademarks before filing an application. If the examination result is positive, applicants may submit an application for registration accompanied with the examination report where the application will then be accepted and proceed to publication immediately.

If the examination result was negative, applicants can still file an application for registration and then appeal the refusal decision before the court.

Examination
Examination time for a trademark application is six (6) months. The home registration certificate must be submitted for applications designating class 5 with subclass (a) within 6 months of the filing date. Failing to provide said document, the application will be cancelled and applicants will have to file a new application. Iraq follows a multi-class filing system where each class is divided to subclasses; class 5 subclass (a) covers pharmaceutical and veterinary preparations and sanitary preparations for medical purposes.

Recordal Applications
Recordal transactions on pending trademarks are no longer accepted. In order to file an application to record an assignment, change of name, change of address, or merger, the trademark must be registered with a valid registration certificate.

For independent searches, the applicant’s full address should be provided; otherwise, the search request will be denied.